Managed Services
According to a recent study, small- and medium-sized businesses need to ask more questions about managed services ' what the various components are and how they apply to their particular business.
Lease Accounting Project Update
Here's the latest information on the FASB/IASB Boards lease accounting project.
Features
TRACE Report Offers Global Anti-Bribery Enforcement Stats
The anti-bribery group TRACE International, Inc., has released its latest annual report offering in-house counsel detailed data on the pace of enforcement in different countries. The report says the United States more than doubled its formal enforcement actions between 2009 and 2010.
Piercing the Corporate Veil
In a case of first impression in New Jersey, the state's appellate court extended corporate veil piercing ' the equitable principle of imposing liability to individuals generally protected by statute ' to limited partnerships under certain conditions.
Features
Restitution for Internal Investigation Costs Under the MVRA
Businesses that are forced to undertake internal investigations are victimized not only by the fraud the investigation uncovers, but also by the costs expended to uncover it. To restore your company to its "prior state of well-being," a restitution order should account for both types of harm.
Dodd-Frank: What About Leasing?
As described in this two-part article, many of Dodd-Frank's sweeping provisions are likely to have long-term consequences for the equipment leasing and finance industry and for leasing counsel.
Features
Principles Applicable to Claims for Recovery on a Replacement Cost Basis
Many commercial first-party property insurance contracts detail circumstances under which an insured may seek and recover for physical loss or damage to insured property on a replacement cost basis. If the contract does not provide that option, or if the conditions for replacement cost recovery are not met, the insured's recovery typically is limited to the actual cash value of the lost or damaged property. Because the measured difference can be substantial, certain principles have evolved in practice and case law concerning this distinction.
Features
Coverage Issues Under Homeowners' Insurance Policies in Chinese Drywall Cases
Recently, a Louisiana Court of Appeal rendered a decision in what is believed to be the first state or federal appellate decision regarding insurance coverage for damages allegedly caused by Chinese drywall under a homeowners' insurance policy. In <i>Ross v. C. Adams Construction & Design</i>, the Louisiana Fifth Circuit affirmed the granting of a summary judgment in favor of the defendant insurer and held that the claims made by the plaintiff homeowners for damages as a result of Chinese drywall in their home were excluded from coverage.
IP News
Highlights of the latest intellectual property news from around the country.
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MOST POPULAR STORIES
- Risks of “Baseball Arbitration” in Resolving Real Estate Disputes“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.Read More ›
- Private Equity Valuation: A Significant DecisionInsiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Protecting Innovation in the Cyber World from Patent TrollsWith trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.Read More ›